Does filing a request for continued examination (RCE) change the applicable patent laws?
No, filing a request for continued examination (RCE) does not change the applicable patent laws for an application. The MPEP 2159.01 clearly states: “Note that neither the filing of a request for continued examination, nor entry into the national stage under 35 U.S.C. 371, constitutes the filing of a new application. Accordingly, even if a…
Read MoreWhat determines if an application is subject to pre-AIA or AIA patent laws?
The determining factor for whether an application is subject to pre-AIA or AIA patent laws is its filing date. Applications filed before March 16, 2013, are governed by pre-AIA 35 U.S.C. 102 and 103. As stated in MPEP 2159.01: “The changes to 35 U.S.C. 102 and 103 in the AIA do not apply to any…
Read MoreCan an application change from pre-AIA to AIA status?
Yes, an application can change from pre-AIA to AIA status under certain conditions. According to MPEP 2159.02: “If an application filed on or after March 16, 2013, that did not previously contain any claim to a claimed invention having an effective filing date on or after March 16, 2013, (a pre-AIA application) is amended to…
Read MoreCan an application be subject to both pre-AIA and AIA provisions simultaneously?
Yes, an application can be subject to both pre-AIA and AIA provisions simultaneously, but with specific limitations. The MPEP 2159.03 states: “Thus, if an application contains, or contained at any time, any claim having an effective filing date that occurs before March 16, 2013, and also contains, or contained at any time, any claim having…
Read MoreHow does pre-AIA 35 U.S.C. 102(g) apply to applications filed after March 16, 2013?
Pre-AIA 35 U.S.C. 102(g) can still apply to applications filed after March 16, 2013, under certain conditions. According to MPEP 2159.03: “Pre-AIA 35 U.S.C. 102(g) also applies to any patent resulting from an application to which pre-AIA 35 U.S.C. 102(g) applied.” This means that if an application contains or contained at any time a claim…
Read MoreHow does the entry into the national stage affect the applicable patent laws for PCT applications?
The entry into the national stage does not change the applicable patent laws for PCT applications. According to MPEP 2159.01: “Similarly, a PCT application filed under 35 U.S.C. 363 before March 16, 2013, is subject to pre-AIA 35 U.S.C. 102 and 103, regardless of whether the application enters the national stage under 35 U.S.C. 371…
Read MoreWhat happens if new matter is added to a pre-AIA application after March 16, 2013?
If new matter is added to a pre-AIA application after March 16, 2013, it does not change the application’s status, but it may lead to rejections. According to MPEP 2159.01: “If new matter is added via amendment, claims directed to the new matter will be rejected under pre-AIA 35 U.S.C. 112, first paragraph. See MPEP…
Read MoreHow does new matter affect AIA status determination?
New matter in a patent application does not affect the determination of AIA status. The MPEP 2159.02 states: “As 35 U.S.C. 132(a) prohibits the introduction of new matter into the disclosure, an application may not contain a claim to a claimed invention that does not have support under 35 U.S.C. 112(a) in the application (that…
Read MoreAre there any more FAQs for MPEP 2159.02?
No more FAQs can be generated from MPEP 2159.02 – Applications Filed on or After March 16, 2013. All relevant information from this section has been covered in the previously generated FAQs. The section is relatively short and focused, and we’ve addressed the key points about the applicability of AIA first inventor to file provisions,…
Read MoreWhat is the significance of March 16, 2013 in patent law?
March 16, 2013 is a crucial date in patent law due to the implementation of the America Invents Act (AIA). This date determines which version of 35 U.S.C. 102 and 103 applies to a patent application. As stated in MPEP 2159.03: “Even if AIA 35 U.S.C. 102 and 103 apply to a patent application, pre-AIA…
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